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CC – Item 4Q – Staff Report – Approval of Carnival Agreement for the 1997 4th of July City Anniversary Celebration 4 '' \E is ; 11.- ; ! S of eport TO: FRANK G. TRIPEPI, CITY MANAGER FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATION DATE: MARCH 19, 1997 RE: APPROVAL OF CARNIVAL AGREEMENT FOR THE 1997 4TH OF JULY/CITY ANNIVERSARY CELEBRATION For the past five years the City has utilized J. A. Slash Shows, Inc. , to conduct a carnival at Rosemead Park in conjunction with the City' s activities. This year the 4th of July falls on Friday. The carnival vendor, Slash Shows, Inc. , has been scheduled to operate three (3) days, Friday, July 4 - Sunday, July 6, 1997 . Attached for review and consideration is an agreement with Slash Shows, Inc. , that would provide for the three day carnival. Its terms and conditions are the same as previous years. Again, it is proposed that we charge each adult $ 3 . 00, that comes through the gates, for the City's 4th of July/City Anniversary Celebration (July 4, 1997) . As in the past, children, under 18 years of age will get in for free. Recommendation It is recommended that the Rosemead City Council authorize the execution of the Agreement by the Mayor as well as approve the $ 3 .00 admission charge for adults on Friday, July 4, 1997 . MDB:al 01-L-M2 (64) COUNCIL AGENDA MAR 2 51991 ITEM No.& a-6-6C) \ 2 4TH OF JULY CARNIVAL AGREEMENT-1997 This Agreement is made between J. A. SLASH SHOWS, INC. , herein referred to as OPERATOR and The City of Rosemead, herein referred to as CITY and has been entered into for the purpose of providing and operating ten (10) carnival rides, ten (10) game booths and one (1) food concession wagon. OPERATOR does hereby warrant that they are a bona fide operator and that they are able to perform the duties outlined herein, NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: 1) CITY does hereby grant to the OPERATOR a license to utilize a portion of Rosemead Park as described in Exhibit A and allow the OPERATOR a period of time as described in Exhibit A to set up and breakdown said rides. He is not to exceed the time listed on Exhibit A. 2) CITY shall permit OPERATOR and his personnel to habitat on the large ballfield infield. OPERATOR is to supply his own utilities. 3) CITY shall have all permit fees waived that would normally be levied. 4) CITY shall have the right to rent to community organizations CITY booths. 5) CITY shall provide for inspection of rides at its cost. Rides will be inspected on Thursday, July 3 , 1997, at 12 : 00 p.m. 6) CITY shall provide trash dumpsters for OPERATOR at CITY'S expense. OPERATOR shall have the responsibility to pick up the trash in ride area and dispose of in a trash dumpster. 7) Days and hours of operation shall be as indicated in Exhibit A. 8) CITY shall provide and maintain portable toilets at its expense for general public. 9) OPERATOR shall provide an operational plan and proposed ride cost to CITY for approval. -1- 10) OPERATOR shall provide ten (10) rides and ten (10) game booths approved by CITY. The OPERATOR shall provide all staff, power, equipment, supplies, etc. to operate the rides, food and game concessions. 11) OPERATOR will provide one (1) food concession wagon. He will keep all revenues and pay CITY $ 50. 00 a day. Items sold will be sno cones, pop corn, hot dogs, pizza bread, cotton candy, drinks and churros. 12) OPERATOR shall provide staff and ten game concessions. He will keep all revenue and pay CITY $ 25. 00 a day for each game booth. 13) All rides shall be in good condition. All rides shall have proper and current State and other Agency's certificates and permits. 14) OPERATOR will furnish CITY with 100 posters and 250 ride tickets at no cost to CITY. 15) OPERATOR shall pay to the CITY for the license granted according to the schedule in Exhibit "A". Gross receipts are defined as income derived from any and all carnival rides provided by OPERATOR. 16) CITY shall receive twenty five percent (25%) of the first twenty thousand dollars ($ 20, 000) of ride tickets sold at the park. The CITY will receive thirty percent (30%) for any amount sold in excess of twenty thousand dollars ($ 20, 000) . 17) CITY staff will sell tickets. At the close of each day (evening) sales/percentages will be determined. CITY shall pay to operator operator' s percentage following event. CITY shall keep such records as to insure a proper audit. 1S) OPERATOR shall notify all local governmental agencies having jurisdiction and or responsibility over the rides and cooperate with them in regards to their requirements for protection of the public. _2_ 19) OPERATOR shall name the CITY and any other agencies City deems appropriate as an also insured for one or more policies of insurance against risk of public liability and property damage in the amount of at least $ 1, 000, 000. 00. The Certificate must contain the following language: The City of Rosemead shall receive a thirty (30) day written notice from the issuing company prior to any alteration of a material provision, reduction or cancellation of the insurance required by the CITY. 20) OPERATOR shall not sell or distribute any alcoholic beverages within or around the Park. 21) In the event that any property damage is sustained as a result of the rides, OPERATOR agrees to reimburse the CITY the amount of repairs. CITY may withhold funds due OPERATOR to cover property damages. 22) A. OPERATOR shall indemnify and save harmless CITY, its officers and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, and employees, from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, worker' s compensation claims, resulting from or arising out of the negligent acts, errors or omissions of OPERATOR, its employees or subcontractors. B. OPERATOR shall indemnify and save harmless CITY, its officers and employees from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers and employees, from and against any and all claims, demands, suits, actions or proceedings thereof, resulting from or arising out of the intentional or malicious acts of OPERATOR, its employees or subcontractors. -3- • 23) OPERATOR is an independent contractor and is not an employee of the CITY. OPERATOR recognizes that the CITY is not dictating or controlling the ways and means by which OPERATOR performs its duties under this Agreement. This document constitutes the entire Agreement of the parties and supersedes any and all other Agreements, either oral or in writing, between the parties. No other Agreement statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing and signed by both parties. Whereupon, the parties hereto do hereby acknowledge that they have read and understood the contents hereof, and agree to be bound thereby, and that the signatories have the authority to execute this agreement on behalf of the principals they purport to represent. Dated: c024727 J. A. Blash Shows, Inc. MAYOR - CITY OF ROSEMEAD Bob Swartwood, President 12501 Verdugo Place Chino, California 91710 -q- EXHIBIT A 1997 1) OPERATOR shall have access to set up on Rosemead Park Large Baseball Field, from 9: 00 a.m. on Monday, July 2 , 1997, through Noon on Monday, July 7, 1997 . 2) Days of carnival to be July 4th - July 6th. Hours on Friday, July 4th - 12 :00 noon - 10:00 p.m. Hours on Saturday, July 5th - 12 :00 noon - 10: 00 p.m. Hours on Sunday, July 6th - 12 : 00 noon - 10: 00 p.m. Tickets for rides are to be taken off sale on Friday, July 4 , 1997, one hour before closing. 3) CITY will receive 25% of the first $20, 000 of revenue from sale of ride tickets and 30% of all amounts exceeding $20, 000. 4) OPERATOR will pay CITY $50. 00 a day for 1 (one) food concession wagon. 5) OPERATOR will also pay CITY $ 25. 00 a day for each game concession. AGREEMT(1-5) -5-